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Case 09-34791-RBR

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA (FORT LAUDERDALE DIVISION) www.flsb.uscourts.gov In re: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor. _________________________________/ DEFENDANT GIBRALTAR PRIVATE BANK & TRUST COMPANY'S MOTION FOR LEAVE TO DEPOSE SCOTT W. ROTHSTEIN AND FOR CERTIFICATION TO DISTRICT COURT FOR ISSUANCE OF A WRIT OF HABEAS CORPUS AD TESTIFICANDUM Gibraltar Private Bank & Trust Company ("Gibraltar"), defendant in adversary proceeding 10-03767-RBR-BKC-A, moves for Leave to Depose Scott W. Rothstein ("Rothstein") and for certification by this Court to the District Court for the issuance of a Writ of Habeas Corpus Ad Testificandum ordering the United States Attorney's Office for the Southern District of Florida, the United States Marshals Service, the United States Bureau of Prisons, and/or any other federal officer who has custody and control of Rothstein to present him at a suitable location and time so that he can be deposed pursuant to Fed. R. Civ. P. 26 and 30, as incorporated by Fed. R. Bankr. P. 7026 and 7030. Procedural Background On April 25, 2011, the Court denied, without prejudice, the motion of a group of creditors to conduct a Rule 2004 examination or deposition of Rothstein [DE 1649], and permitted the parties to file a motion for a Writ of Habeas Corpus Ad Testificandum. At the hearing, the Court explained its intent to provide sufficient notice to all interested parties to enable them to join in the motion. Case No. 09-34791-BKC-RBR

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Gibraltar is filing this Motion based on its right to depose Rothstein pursuant to Bankruptcy Rule 7030. Gibraltar is providing notice to all interested parties, who may seek to depose Rothstein in connection with other adversary proceedings or other federal or state litigation, so that the deposition of Rothstein can be coordinated for all such interested parties. Gibraltar requests the Court to establish a procedure for this deposition and the first step is to provide a process that will lead to Rothstein's appearance for questioning and to establish a fair allocation among the parties seeking to depose Rothstein of the costs to the Government of presenting Rothstein in light of his presumably protected status. Gibraltar is also providing specific notice of this request to the United States Attorney's Office for the Southern District of Florida so that the government has a full and complete opportunity to present its position as to the scheduling of this deposition. As the Government has the custody and control of the prisoner, it is the Government that should be required to present any opposition to the Writ at this time, rather than waiting for the issuance of the Writ to present a challenge at a later date. Summary of Motion The first issue to be determined by this Court is whether leave should be granted to depose Rothstein and whether the applicable legal factors support the issuance of a Writ of Habeas Corpus Ad Testificandum. Gibraltar submits that leave should be granted and that the pertinent factors support the issuance of a Writ. The second issue to be determined by this Court is whether this Court has the authority to issue the Writ or whether a different procedure must be utilized in the issuance of the Writ. Gibraltar submits that the judicial officer who possesses the authority to issue the requested Writ is the District Court, upon certification by this Court. While the Trustee has argued that this Court 2

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possesses the power to issue the Writ, the Government, Rothstein or any other party could challenge a Writ issued by this Court as exceeding this Court's jurisdiction. Such a challenge would cause delay in the scheduling of Rothstein's deposition, and, if the challenge were successful, Gibraltar and any other parties seeking Rothstein's deposition, would be required to start over again, with a request for the issuance of the Writ to the District Court. Following a procedure that certifies to the District Court that the factors have been met and that the Writ should be issued, while leaving the actual issuance of the Writ to the District Court, will remove any potential jurisdictional challenges by the Government, Rothstein, or any other party. The Government's Custody and Control of Rothstein Supports the Issuance of a Writ Rothstein was convicted of offenses against the United States and sentenced to 50 years incarceration in the criminal case 09-60331-CR-Cohn. His United States Marshals (USM) Inmate Number is 91256-004. Under normal conditions, a party seeking the testimony of an inmate could simply schedule the deposition at the prison where the inmate is incarcerated. 1 In this case, the precise whereabouts of Rothstein are not known. Rothstein does not appear in the database of the U.S. Bureau of Prisons. It has been publicly rumored that Rothstein is being held in protective custody. Since the Government has not confirmed that rumor, or otherwise commented on

Rothstein's whereabouts, Gibraltar requests certification by this Court for the issuance of a Writ to the United States Attorney's Office, United States Marshals Service, United States Bureau of Prisons and/or any other federal officer who has custody and control of the prisoner. Gibraltar seeks to avoid a guessing game of trying to choose the federal officer who has actual custody and control of

See Legal Resource Guide to the Federal Bureau of Prisons (2008), at Section V(F)(6)(a), Page 33, available at Bureau of Prisons Website (The attorney seeking the deposition should contact "the relevant BOP Consolidated Legal Center (CLC) covering the institution in which the deposition is to be held, to assist in making arrangements.") 3

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Rothstein. If the Government does not have custody and control of Rothstein, the Court should require the Government to identify who has custody and control of the prisoner so that the Writ can be directed to the appropriate official. See U.S. v. Rinchack, 820 F.2d 1557, 1567 n.13 (11th Cir. 1987) (providing that writ of habeas corpus ad testificandum is directed to the custodian of the prisoner from whom testimony is sought). The Legal Standards for granting leave to depose Rothstein and for the Issuance of the Writ Rule 30(a)(2)(B), Fed.R.Civ.P. provides that leave of court is required to conduct a deposition if the deponent is confined in prison. While undersigned counsel has not been able to confirm that Rothstein is presently confined in a federal prison, counsel believes that is a reasonable assumption to make, and thus counsel seeks leave to conduct his deposition. See, e.g., Miller v. Bluff, 131 F.R.D. 698 (M.D. Pa. 1990). In light of the fact that only the Government knows the precise whereabouts of Rothstein, a Writ of Habeas Corpus Ad Testificandum is required to command the Government to produce the prisoner so that he can be deposed. In determining whether or not to issue a Writ of Habeas Corpus Ad Testificandum, most courts consider an eight-prong test set out in Stone v. Morris, 546 F.2d 730, 735 (7th Cir. 1976). The eight factors are: (1) The costs and inconvenience of transporting the prisoner from his place of incarceration to the courtroom; (2) Any potential danger or security risks which the presence of the prisoner would pose to the court; (3) (4) (5) Whether the matter at issue is substantial; The need for an early determination; The possibility of delaying the trial until the prisoner is released; 4

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(6) (7) (8)

The probability of success on the merits; The integrity of the correctional system; and The interests of the inmate in presenting his testimony in person rather than by deposition.

See In re Best Value, Inc., 2009 WL 484144, *1-2 (Bankr. N.D. Iowa Dec. 15, 2009)(applying eightprong test in bankruptcy proceeding where debtor sought to compel attendance of inmate); In re Heinze, 2008 WL 2774565 (Bankr. M.D.N.C. July 16, 2008). An examination of the eight prongs supports issuance of a writ in this case: (1) The costs and inconvenience of transporting Rothstein to a suitable location is modest when compared to the hundreds of millions of dollars at stake in this case and the number of parties seeking to question Rothstein. Moreover, the costs can be evenly divided amongst the parties seeking to depose Rothstein. (2) This factor is not relevant given that Rothstein would appear for deposition by parties and not before the Court itself, and thus there is no potential danger and security risk to the Court. (3) The matter at issue is substantial. Rothstein is the key figure with personal

knowledge of the material facts related to the claims and defenses in adversary proceedings and other matters related to the main bankruptcy proceeding, as well as related state court litigation. There could hardly be a more significant witness in this proceeding. The Trustee in his adversary complaint against Gibraltar relied heavily on Rothstein's criminal activity and control of the Debtor. See adversary proceeding 10-03767, DE 1, at ¶¶ 8 through 25. Gibraltar also relies on Rothstein's conduct of the Debtor in asserting defenses to the adversary complaint. See Amended Answer 5

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[DE 48], at ¶¶ 13, 16,17. Undersigned counsel proffers that a deposition of Rothstein will elicit evidence related to the Trustees claims and Gibraltar's defenses. (4) There is an acute need for an early determination of Rothstein's deposition in this adversary proceeding. The Trustee has sued Gibraltar for a substantial sum of

money, and the case is proceeding to a scheduled pretrial conference and the scheduling of trial. While this Court may accommodate reasonable requests to extend the discovery deadline, such extensions will not be indefinite and will surely not outlast Rothstein's 50-year sentence. If the Government seeks to oppose the issuance of the Writ on the ground that it intends to use Rothstein in anticipated criminal proceedings, where depositions are not allowed, and if the Government wishes to keep Rothstein from being questioned to protect its interests in the enforcement of federal criminal law, then it needs to address this factor with this Court including a schedule of when Rothstein would be made available for questioning. Gibraltar would be severely prejudiced if this witness were declared by the Government to be off limits for questioning while the Trustee sought to press this case towards trial. (5) The possibility of delaying the deposition until the prisoner is released does not exist, given that the prisoner is expected to be incarcerated for most of the remainder of his natural life. This bankruptcy proceeding will be long over by the time he is released, even if he is able to achieve a reduction of his 50-year sentence by cooperating with the government in creating new criminal cases. (6), (7) and (8) are not relevant, particularly since it is not the inmate himself seeking the writ, but other parties in the litigation. Bankruptcy Courts Lack the Authority to Issue Writs of Habeas Corpus 6

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If this Court agrees that a Writ should be issued, the question is whether this Court should issue the Writ. The Eleventh Circuit has not determined whether a bankruptcy court possesses the authority to actually issue the Writ. See Poole v. Lambert, 819 F.2d 1025, 1029 (11th Cir. 1987). The overwhelming majority of cases considering this question, including a reported decision from within the Eleventh Circuit, have determined that a bankruptcy court does not have jurisdiction to issue writs of habeas corpus, or that such authority is unclear. In each case, the bankruptcy court declined to issue the Writ. See, e.g., In re Heinze, 2008 WL 2774565 (Bankr. M.D.N.C. July 16, 2008); In the Matter of Roberts, 2007 WL 7022207 (Bankr. S.D. Ga. Feb. 8, 2007); Bryan v. Rainwater, 254 B.R. 273, 276 (N.D. Ala. 2000); In re Larson, 232 B.R. 396, 398 (Bankr. W.D. Wis. 1999); In re Cournelious, 214 B.R. 588, 590 (Bankr. E.D. Ark. 1997). As these courts have explained, while the Bankruptcy Reform Act of 1978 included a provision that would have permitted bankruptcy courts to issue writs of habeas corpus, that proposed section 28 U.S.C. § 2256 was deleted prior to its effective date by the Bankruptcy Amendments and Federal Judgeship Act of 1984. See In the Matter of Roberts, 2007 WL 7022207, citing Gruntz v. County of Los Angeles (In re Gruntz), 202 F.3d 1074, 1096 (9th Cir. 2000). "The fact that Congress refused to allow 28 U.S.C. § 2256 to become law has led several courts to conclude that bankruptcy courts lack the power to issue writs of habeas corpus." Id. The Trustee, in his Motion for a Writ of Habeas Corpus [DE 1595], relied on two cases, neither of which overcomes this jurisdictional limitation. In re Bona, 110 B.R. 1012 (S.D.N.Y. 1990), did not hold that a bankruptcy court has jurisdiction to issue a writ of habeas corpus ad testificandum. Instead, that court stated "that either the bankruptcy court or the district court acting qua bankruptcy court has sufficient power to cause the release of a debtor imprisoned on a civil collection writ through some means . . ." Id. at 1019. On appeal, the district court found that, in light 7

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of Congress's repeal of 28 U.S.C. § 2256, "the authority of bankruptcy courts to grant habeas corpus writs is unclear." In re Bona, 124 B.R. 11, 14 (S.D.N.Y. 1991) (finding it unnecessary to determine whether the bankruptcy court had authority to order the debtor's release from incarceration because defendant was not entitled to relief). Further, the equivocal opinion of the bankruptcy court has not been cited by any court in the past 21 years. In In re Duran, 08-28580-BKC-AJC, Bankruptcy Judge Cristol was presented with a request for the issuance of a Writ that did not address this jurisdictional issue or the case law questioning a bankruptcy court's authority to issue the Writ. Counsel who sought the Writ in Duran creatively used an application for a Standing Writ of Habeas Corpus ad Testificandum to keep the convicted debtor housed in South Florida after the Bureau of Prisons had designated him for incarceration in Texas. See DE 80 in case 08-28580-BKC-AJC, dated June 3, 2009, at p.2. The unreported order contained no discussion of the source of the court's authority to issue the Writ. Further, while the government opposed the issuance of the Writ before the Bankruptcy Court [DE 68], the Government did not raise the jurisdictional defense that it had available to argue, and the government chose not to appeal to the District Court or seek to vacate the Writ on the grounds that the Bankruptcy Court lacked authority to issue the Writ. While the Trustee's current counsel was successful in securing the Writ in Duran, that Order does not constitute legal precedent for the proposition that bankruptcy courts have a general power to issue Writs of Habeas Corpus. More importantly, in this case, where the stakes are much higher to the government, if they wish to oppose having their star cooperating witness questioned under oath, it is unlikely that the Government attorneys will overlook the substantial precedent that questions this Court's authority to issue a Writ. As the courts have recognized, the mere uncertainty over a bankruptcy court's authority to issue a Writ is enough of a reason to avoid that risk and instead utilize a procedure through which an Article III court can issue 8

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the Writ-without jurisdictional question. Bryan v. Rainwater, 254 B.R. at 276 (finding that bankruptcy court exceeded its authority when granting writ of habeas corpus); In re Heinze, 2008 WL 2774565, *2 (Bankr. M.D.N.C. July 16, 2008) (certifying issuance of writ to district court); In re Smith, 2007 WL 1199253 (M.D.N.C., April 19, 2007) (certifying issuance of writ to district court). This Court Can Certify to the District Court That a Writ Be Issued The courts deciding this jurisdictional issue have held that there are two proper manners to issue a Writ to be used to question a prisoner in a bankruptcy proceeding. The parties can either move for the bankruptcy court to certify the issuance of a Writ to the district court, or they can file a petition for the issuance of the Writ directly in the district court. See, e.g., In re Heinze, 2008 WL 2774565 (Bankr. M.D.N.C. July 16, 2008); In re Smith, 2007 WL 1199253, at *3 (Bankr. M.D.N.C. April 19, 2007) (certifying writ to district court in similar fashion as In re Heinze); In re Larson, 232 B.R. 396, 398 (Bankr. W.D. Wis. 1999)(holding that it would have certified the issue to the district court if application of the eight prongs militated in favor of issuance of the writ, which it did not). In re Heinze is an excellent example of the proper use of a certification procedure to the district court. Attached as Composite Exhibit "A" are the decision by the Bankruptcy Judge certifying the issuance of the Writ in In re Heinze, the subsequent Transmittal of the Certification of Writ of Habeas Corpus ad Testificandum by the Clerk of the Bankruptcy Court to the District Court, and the ultimate Writ issued by the District Court. In the alternative, parties may petition the district court directly for the issuance of a writ of habeas corpus ad testificandum. See, e.g., Bryan v. Rainwater, 254 B.R. 273, 276 (N.D. Ala. 2000); In the Matter of Roberts, 2007 WL 7022207, *2 (Bankr. S.D. Ga. Feb. 8, 2007). As indicated in Poole v. Lambert, 819 F.2d 1557, 1567 (11th Cir. 1987), a district court has jurisdiction to issue a 9

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writ of habeas corpus ad testificandum, so that parties may make their request for a writ of habeas corpus ad testificandum in that court. While Gibraltar believes that this Court is in the better position to conduct the analysis of the factors supporting the issuance of the Writ, if this Court declines to conduct that analysis and instead believes that the District Court should conduct the analysis in conjunction with deciding whether to issue the Writ, Gibraltar is prepared to file a Petition in the District Court seeking the issuance of a Writ. Conclusion This Court should determine whether the factors support the issuance of a Writ of Habeas Corpus Ad Testificandum compelling the government to present Rothstein to be deposed, and certify the matter to the District Court for the issuance of the Writ. A proposed Writ is attached as Exhibit "B" to this Motion. This Court should further order, contingent on issuance of the Writ by the District Court, that all parties seeking to participate in the deposition of Rothstein are to share equally in the government's cost of presenting the prisoner for questioning, and order that any questioning occur within the scope of Fed. R. Civ. P. 26 and 30, as incorporated by Fed. R. Bankr. P. 7026 and 7030.

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Local Rule 88.2 Certification The undersigned certifies pursuant to Local Rule 88.2, that he is authorized to sign this motion for Gibraltar, and that the foregoing is true and correct to the best of his knowledge. Gibraltar shall pay the required filing fee, if such a filing fee should be necessary upon transfer by this Court to the District Court for issuance of the writ of habeas corpus ad testificandum.

WE HEREBY CERTIFY that we are admitted to the Bar of the U.S. District Court for the Southern District of Florida and that we are in compliance with the additional qualifications to practice in this Court set forth in Local Rule 2090-1(A).

TEW CARDENAS LLP Attorneys for Gibraltar Private Bank & Trust Company 1441 Brickell Avenue, Suite 1500 Miami, Florida 33131 Tel. (305) 536-1112 Fax. (305) 536-1116 By: __/s/ Joseph A. DeMaria_____ C. Thomas Tew, P.A. Fla. Bar No. 098160 Joseph A. DeMaria Board Certified Specialist - Business Litigation Fla. Bar No. 746711 Bryan West Fla. Bar No. 83526 Claudio Riedi, P.A. Fla. Bar No. 984930

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of April, 2011, a true and correct copy of the foregoing was served via the CM/ECF system or by U.S. Postal Service, as indicated, to counsel on the Service List.

By: __/s/ Joseph A. DeMaria, Esq._______

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SERVICE LIST Service by EM/ECF: Geoffrey S. Aaronson [email protected], [email protected];[email protected] Thomas L Abrams [email protected], [email protected];[email protected] Alberta L. Adams [email protected], [email protected]pdlegal.com Melissa Alagna [email protected] Joaquin J Alemany [email protected], [email protected];[email protected] Grisel Alonso [email protected], [email protected] Brett M Amron [email protected], [email protected], [email protected],

[email protected], [email protected]; [email protected]

Eric N Assouline [email protected], [email protected];[email protected] Scott L. Baena [email protected], [email protected];[email protected];[email protected] Jeffrey P. Bast [email protected],

[email protected];[email protected];[email protected];[email protected]

Christopher G Berga [email protected], [email protected] Eyal Berger [email protected], [email protected] Jeffrey M Berman [email protected] John G. Bianco III [email protected], [email protected] Gary S Blake [email protected], [email protected] Mark D. Bloom [email protected], [email protected];[email protected];[email protected] Mark F Booth [email protected] Robert C Buschel [email protected], [email protected] Darol H M Carr [email protected], [email protected] Francis L. Carter [email protected], [email protected] David C. Cimo [email protected], [email protected] Roderick F. Coleman [email protected] Ileana Cruz-Bongini [email protected], [email protected];[email protected];[email protected]

Carlos L De Zayas [email protected] Joseph A. DeMaria [email protected] Robert F. Elgidely [email protected], [email protected];[email protected];[email protected];[email protected];[email protected] Robert C Furr [email protected] David L Gay [email protected], [email protected];[email protected] John H Genovese [email protected], [email protected];[email protected];[email protected] Michael I Goldberg [email protected], [email protected] Jason B Gonzalez [email protected] Lawrence Gordich [email protected], [email protected] Gregory S Grossman [email protected] Jordi Guso [email protected], [email protected];[email protected] Hollie N Hawn [email protected] John L. Heller [email protected], [email protected]

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John B. Hutton III

[email protected], [email protected]; [email protected]; [email protected] Geoffrey D Ittleman [email protected] Allan A Joseph [email protected] Bruce A Katzen [email protected], [email protected] Brian R Kopelowitz [email protected], [email protected] Harris J. Koroglu [email protected], [email protected] Seth Lehrman [email protected] Michael D Lessne [email protected], [email protected];[email protected] David M. Levine [email protected], [email protected] Joan M Levit [email protected], [email protected] Charles H Lichtman [email protected], [email protected]; [email protected]; [email protected] John E Lucian [email protected] Alan K. Marcus [email protected], [email protected];[email protected] Isaac M Marcushamer [email protected], [email protected];[email protected] Jason S Mazer [email protected], [email protected];[email protected];[email protected];[email protected];[email protected] Frank F McGinn [email protected] Paul J McMahon [email protected] James C. Moon [email protected], [email protected];[email protected] Norman A Moscowitz [email protected], [email protected]; [email protected]; [email protected] Barry E. Mukamal [email protected] Arthur C. Neiwirth [email protected] Ronald G Neiwirth [email protected], [email protected] Ari Newman [email protected], [email protected];[email protected] Timothy J Norris [email protected] Office of the US Trustee [email protected] Paul L. Orshan [email protected], [email protected];[email protected] Christian A Petersen [email protected] Gary S Phillips [email protected] Patricia A Redmond [email protected], [email protected]; [email protected] ; [email protected]; [email protected] Ivan J Reich [email protected], [email protected];[email protected] Claudio Riedi [email protected] Heather L. Ries [email protected], [email protected] David L Rosendorf [email protected], [email protected];[email protected];[email protected] Alex P Rosenthal [email protected] Luis Salazar [email protected], [email protected]; [email protected]; [email protected]; [email protected] William G Salim Jr [email protected], [email protected] Reggie David Sanger [email protected], [email protected] Harry R Schafer [email protected]

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Steven D Schneiderman [email protected] Matthew H Scott [email protected], [email protected] Patrick S. Scott [email protected] Frank P Scruggs [email protected], [email protected];

[email protected]

Michael D. Seese [email protected], [email protected];[email protected] Steven E Seward [email protected] Bradley S Shraiberg [email protected], [email protected];[email protected];[email protected];[email protected]

James D. Silver [email protected], [email protected];[email protected] Paul Steven Singerman [email protected], [email protected] Jason Slatkin [email protected], [email protected] Steven J. Solomon [email protected], [email protected];

[email protected]

Jeffrey R Sonn [email protected] James B Sowka [email protected] Jesus M Suarez [email protected], [email protected];[email protected] Joel L Tabas [email protected], [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Jeffrey A Tew [email protected], [email protected]; Melinda S Thornton [email protected] Marika Tolz [email protected], [email protected] Rhett Traband [email protected], [email protected]; [email protected] Trustee Services Inc 2 [email protected] Scott A. Underwood [email protected], [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Peter F. Valori [email protected], [email protected] Theresa M Van Vliet [email protected] Laura J. Varela [email protected] Victor H Veschio [email protected], [email protected];[email protected] Michelle T Visiedo [email protected] Henry S Wulf [email protected], [email protected]

Service by email Paul F. Schwartz [email protected] Jeffrey N. Kaplan [email protected] Lawrence D. LaVecchio [email protected]

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Service by U.S. Mail: Douglas C Armstrong 651 S Federal Hwy Pompano Beach, FL 33062 Blue Capital US East Coast Properties, L.P. c/o Roth & Scholl 866 South Dixie Highway Coral Gables, FL 33146 Ana Maria Castro 1 E Broward Blvd #905 Fort Lauderdale, FL 33301 Brian T Corrigan 201 Santa Monica Blvd #475 Santa Monica, CA 90401 Bradley S. Fischer 200 SW 1st Avenue Suite 910 Fort Lauderdale, FL 33301 Mitchell S Fuerst 1001 Brickell Bay Dr #1804 Miami, FL 33131 Nancy M. Gilbert 2929 Center Ave Fort Lauderdale, FL 33308 Jeffrey A. Goldwater 550 West Adams Street Suite 300 Chicago, IL 60661 Lynn Maynard Gollin 1441 Brickell Ave 15 Fl Miami, FL 33131 Richman Greer 250 Australian Ave S #1504 One Clearlake Center West Palm Beach, FL 33401 Alan G Greer 201 S Biscayne Blvd #1000 Miami, FL 33401 Michael J Grimme AMC Liquidators 3705 W Commercial Blvd Fort Lauderdale, FL 33309 16 Michael B Berger 6400 N Andrew Ave #370 Ft Lauderdale, FL 33309 Blue Oaks Limited c/o Marianella Morales AvenidaFrancisco de Miranda Torre Provincial "A" Piso 8 Caracas, 1060 Ana Cristina Chamberlain 520 SE 5 Ave #3304 Ft Lauderdale, FL 33301 Peter M. Feaman 3615 W. Boynton Beach Blvd. Boynton Beach, FL 33436 Lamar Fisher Fisher Auction Co, Inc. 619 E Atlantic Blvd Pompano Beach, FL 33060 Maryann Gallagher 101 Park Ave New York, NY 10178 Mark Goldstein 111 NE 1 St 3 Fl Miami, FL 33132

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Sarah J. Hale 101 Park Ave New York, NY 10178 Gabriel Hertzberg 101 Park Ave New York, NY 10178 Hudson M. Jobe 2001 Bryan St #1800 Dallas, TX 75201 Bruce A Katzen 201 S Biscayne Blvd #1700 Miami, FL 33131 LMB Funding Group c/o Robert C. Furr Esq 2255 Glades Rd #337W Boca Raton, FL 33431 Bruce H Lehr 1401 Brickell Ave #810 Miami, FL 33131 Cary A Lubetsky 800 Brickell Ave #1501 Miami, FL 33131 Camilo Manrique c/o Marianella Morales Avenida Francisco de Miranda Torre Provincial "A" Piso 8 Caracas, 1060 Robert D Moody 3215 NW 10 Terr #210 Fort Lauderdale, FL 33309 Julia B Mosse 101 Park Ave New York, NY 10178

Mark S Haltzman 3600 Horizon Blvd #200 Trevose, PA 19053 Darcy L Ibach 550 W Adams St #300 Chicago, FL 60661 Michael R. Josephs, Esq 2699 S Bayshore Dr 7 Fl Miami, FL 33133 Larry Kravitsky 3300 S Ocean Blvd Highland Beach, FL 33487 Eliot Lauer 101 Park Ave New York, NY 10178 Lauren Fleischer Louis 401 E Las Olas Blvd #1200 Fort Lauderdale, FL 33301 Joseph J Luzinski 200 S Biscayne Blvd # 1818 Miami, FL 33131 Ricardo Martinez c/o Marianella Morales Avenida Francisco de Miranda Torre Provincial "A" Piso 8 Caracas, 1060 Stanley C. Morris 201 Santa Monica Blvd #475 Santa Monica, CA 90401 William C Nystrom 10 St James Ave 16th Floor Boston, MA 02116

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Michael Paris 10 St James Ave 16th Floor Boston, MA 02116 Robert Wayne Pearce 1499 W Palmetto Park Rd #400 Boca Raton, FL 33486

Todd S. Payne 110 SE 6 St # 2150 Fort Lauderdale, FL 33301 Pharon Development Assets, Inc c/o Marianella Morales Avenida Francisco de Miranda Torre Provincial "A" Piso 8 Caracas, 1060 Adria E Quintela Lake Shore Plaza II 1300 Concord Terr #130 Sunrise, FL 33323 Stuart Rosenfeldt c/o Luis Salazar Infante Zumpano Hudson & Miloch, LLC 500 South Dixie Highway, Suite 302 Coral Gables, FL 33146 Suzanne Rosenfeldt c/o Luis Salazar Infante Zumpano Hudson & Miloch, P.A. 500 S. Dixie Highway, Suite 302 Coral Gables, FL 33146 Jacques Semmelman 101 Park Ave New York, NY 10178 Herbert Stettin 2 S Biscayne Blvd #3700 Miami, FL 33131 Universal Legal 888 E Las Olas Blvd #508 Ft Lauderdale, FL 33301

Richard A. Pollack 200 S Biscayne Blvd 6 Fl Miami, FL 33131 Steven J Reisman 101 Park Ave New York, NY 10178

Stuart A Rosenfeldt 4000 Hollywood Blvd #265 S Hollywood, FL 33021

Michael Schlesinger 799 Brickell Plaza #700 Miami, FL 33131 Steven Sprechman 2775 Sunny Isles Blvd #100 Miami, FL 33160 Louis J Terminello 2700 SW 37 Ave Miami, FL 33133

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Gregory K Winslett 2001 Bryan St #1800 Dallas, TX 75201

Daniel Mink Ovadia Levy c/o Renato Watches, Inc 14051 NW 14th Street Sunrise, Florida 33323 (Via U.S. Mail) Internal Revenue Service Special Procedures - Insolvency 7850 SW 6th Court Plantation, FL 33324 United Healthcare Dept. CH 10151 Palatine, IL 60055 The Honorable Eric H. Holder, Jr. Attorney General of the U.S. 950 Pennsylvania Avenue, NW Room 4400 Washington, DC 20530-0001

Internal Revenue Service Centralized Insolvency Operations P.O. Box 21126 Philadelphia, PA 19114 Special Asst. U.S. Attorney P.O. Box 9, Stop 8000 51 SW 1st Avenue, #1114 Miami, Fl 33130 Special Asst. U.S. Attorney IRS District Counsel 1000 S. Pine Island Rd., Ste 340 Plantation, FL 33324-3906

Palm Beach County Tax Collector P.O. Box 3715 West Palm Beach, FL 33402-3715

Canon Financial Services, Inc. 158 Gaither Drive, #200 Mount Laurel, NJ 08054

CIT Technology Financing Services I, LLC 10201 Centurion Parkway North Jacksonville, FL 32256 Inter-Tel Leasing, Inc. 1140 West Loop North Houston, TX 77055

Turner P Smith 101 Park Ave New York, NY 10178 Florida Department of Revenue 501 S. Calhoun Street Room 201 Carlton Building Tallahassee, FL 32399 Miami-Dade County Tax Collectors 140 West Flagler Street, 14th Floor Miami, FL 33130

Leon County Tax Collector 315 S. Calhoun Street Suite 210 Tallahassee, FL 3230 I

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Paul Schwartz United States Attorney's Office 500 E. Broward Blvd. 7th Floor Fort Lauderdale, FL 33394 Lawrence D. LaVecchio United States Attorney's Office 500 E. Broward Blvd. 7th Floor Fort Lauderdale, FL 33394

The Law Offices of Geoffrey D. Ittleman, P.A. 440 North Andrews Avenue Fort Lauderdale, Florida 33301 Jeffrey Kaplan United States Attorney's Office 500 E. Broward Blvd. 7th Floor Fort Lauderdale, FL 33394

553872.2

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Exhibit "B"

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (FORT LAUDERDALE DIVISION) In re: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor. _________________________________/ TO: Writ of Habeas Corpus Ad Testificandum CASE NO. 09-34791-BKC-RBR CHAPTER 11

Any United States Marshal United States Bureau of Prisons United States Attorney's Office for the Southern District of Florida Any federal officer having custody or control of Scott W. Rothstein

Comes now the undersigned Judge, and it appearing that the presence of Scott W. Rothstein is necessary in order to permit the parties in Bankruptcy Case No. 09-34791-BKCRBR and adversary cases related thereto, to adequately conduct discovery and prepare for trial, and it further appearing that Scott W. Rothstein is now confined in the custody of the United States government at an undisclosed location and that his presence for these proceedings cannot be secured under the ordinary process or subpoena of the United States Bankruptcy Court for the Southern District of Florida, the Court orders as follows: the United States Marshal, United States Bureau of Prisons, United States Attorney's Office for the Southern District of Florida and/or any federal officer who has the custody and control of Scott W. Rothstein is required to present Rothstein appear before the United States Bankruptcy Court for the Southern District of Florida, Ft. Lauderdale Division at such time and location as the United States government and the parties seeking Rothstein's deposition mutually agree upon, for a deposition pursuant to Federal Rule of Bankruptcy Procedure 7030. The deposition of Rothstein shall commence on the agreed-upon

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date and continue thereafter from day to day until completed. Fed.R.Civ.P. 30 (d)(1) shall not apply.

The time limitations in

Date:_________________________

__________________________ United States District Judge

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